HomeMy WebLinkAboutCOUNCIL MINUTES 1992-04-29 27001
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 29, 1992, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the
Vice President of the Council at 8:01 p.m. Councilman Feenstra delivered
the invocation.
Roll was called with the following result: Present: Fernon P.
Feenstra, Sean P. Kavanagh, Michael P. McGee, Dale A. Jurcisin, and Ron
Ochala. Absent: Gerald Taylor (bereavement) and Laura M. Toy (illness) .
Elected and appointed officials present: Robert D. Bennett,
Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Gary
Clark, Assistant City Engineer; John Nagy, Planning Director; Karen A
Szymula, Director of Legislative Affairs; Lee Grieve, Police Chief; Robert
Bishop, City Treasurer; Suzanne Wisler, Director of Community Resources;
Ism William Sturgeon, Public Works; Andrea Taylor, Arts Commission; Sue Daniel,
Historical Commission; and Ellis Ehrstin, Historical Commission.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#342-92 RESOLVED, that the minutes of the 1,222nd Regular
Meeting of the Council of the City of Livonia, held April 15,
1992, are hereby approved as submitted
The Vice President of the Council acknowledged receipt of a Veto from the
Mayor, dated April 28, 1992, regarding CR 330-92 regarding the Class C
License, Whispering Willows Golf Course.
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#343-92 RESOLVED, that having considered the Veto by the Mayor,
dated April 28, 1992, of Resolution #330-92 adopted by the
Council on April 15, 1992, the Council does hereby readopt said
Resolution #330-92 the same as if it were word for word repeated
herein.
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On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#344-92 RESOLVED, that the Council does hereby appropriate an
additional sum of $20.00 from the Unexpended Fund Balance Account
to be used in connection with the action requested in Council
Resolution ##330-92 adopted on April 15, 1992, relative to
obtaining an extension of escrow and/or an addition of time
and/or to have the 1990 Class C license in the name of the City
of Livonia approved for active operation by the Michigan Liquor
Control Commission
No one wished to speak during the audience communication portion
at the beginning of the meeting.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#345-92 RESOLVED, that having considered a citizen complaint
submitted by Councilman Fernon Feenstra concerning the operation
of a business in a residential district which is listed in the
Business Section of the Michigan Bell Ameritech West-Northwest
ILs
Area White Pages, on page 17, as Barker E. L. Window Company,
35480 Curtis, Livonia, Michigan (Tel No 477-2510), the Council
does hereby refer this item to the Inspection Department for its
report and recommendation.
A communication from the Department of Law, dated April 9, 1992,
re: Golden Rings Wedding Chapel v City of Livonia Zoning Board of Appeals,
Wayne County Circuit Court Civil Action No. 91-126-831-AV, was received and
placed on file for the information of the Council.
A communication from the Department of Finance, dated April 13,
1992, re: various financial statements of the City of Livonia for the
month ending February 29, 1992, was received and placed on file for the
information of the Council.
On a motion by Feenstra, seconded by Jurcisin, it was:
#346-92 RESOLVED, that having considered a letter from the
President of B & K Development, Inc , dated March 31, 1992,
expressing an interest in the purchase of certain City-owned
property identified as Parcel 11990003, located in the Southeast
1/4 of Section 31, which is approximately four (4) acres in size
and abuts the Whispering Winds Condominiums on Newburgh Road, the
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Council does hereby refer this item to the City Planning
lio Department and the Parks & Recreation Department for their
respective reports and recommendations.
#347-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 13, 1992, which
transmits its resolution 3-247-92, adopted on March 31, 1992,
with regard to Petition 92-2-3-1 submitted by Zeimet/Wozniak &
Associates, Inc. requesting the vacating of a portion of a 12'
wide easement located west of Newburgh Road, south of Ann Arbor
Trail, in the Southeast 1/4 of Section 31, the Council does
hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said Petition 92-2-3-1;
and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution
#348-92 RESOLVED, that having considered a communication from
the Livonia Family "Y", dated April 13, 1992, requesting
permission to display a sandwich board sign, 6' x 3' in size, at
the corner of Farmington and Lyndon Roads for the purpose of
advertising a May 2, 1992 craft show, the approval herein
requested to extend through that date, the Council does hereby
approve this request in the manner and form herein submitted.
#349-92 RESOLVED, that having considered the report and
recommendation of the City Clerk and Chairperson of the Election
Iwo
Commission, dated April 10, 1992, wherein it is requested that
fees with respect to voter registration lists, labels and
computer tapes be increased and established as follows
List: 1 cent per name
Mailing Labels: 3 cents per name
Computer tape of all files: $200
Cost of entire list: $200 (only applicable
if entire list is
purchased)
The Council does hereby concur in and approve of such action.
#35O-92 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, the
Planning Director and the Chairperson of the Livonia Historical
Commission, dated April 9, 1992, approved by the Finance Director
and approved for submission by the Mayor, the Council does hereby
authorize the Planning Department to seek professional proposals
for architectural services that include architectural drawings,
construction documents, cost estimates for restoration,
assistance with bids, negotiations and construction oversight
with respect to the Friends Meeting House Restoration Project at
Greenmead.
tor
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#351-92 RESOLVED, that having considered the report and
Imo
recommendation of the Chief of Police, dated April 1, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, wherein it is recommended that the
Division of Police be authorized to increase costs charged to
public and parochial schools, colleges, churches and charitable
organizations for services rendered by reserve police officers at
the rate of $8.50 per hour, and that the cost to be charged to
all other such organizations for services rendered by regular police
officers shall be increased and established at a rate in
accordance with and the same as the salary rates provided in
the current L.P O.A contract, the Council does hereby concur in
and approve of such action.
#352-92 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 1, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor and which indicates that no fees are
charged for services rendered by the Division of Police for
wholly City-sponsored events which include the following
organizations
Livonia Anniversary Committee
Livonia Arts Commission
L.O.V E. Office
Wayne County Special Olympics
Department of Parks and Recreation
Citizens Insurance Muscular Dystrophy Run-a-thon
Franklin High School
Friends of the Barn
Livonia Family Y Achievement Cycling Ride 9-26-81
St. Mary Hospital Heart Fund Golf Outing
Allied Veterans Committee of Livonia Memorial Day
Parade
The Council does hereby refer this item to the Finance and
Insurance Committee for its report and recommendation.
#353-92 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 1, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and to which is attached proposed fee
changes to be charged by the Department for the services set
forth in Attachment 1, the fees which are charged in connection
with Freedom of Information requests as set forth in Attachment 3
and for fees to be charged for information that can only be
obtained through the computer, as shown in Attachment 4, the
Council does hereby concur in and approve of the recommended fees
as set forth in Attachments 1, 3 and 4.
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A communication from the Department of Law, dated April 1, 1992,
Limre: designating the Livonia Anniversary Committee as the official and
authorized organization to conduct and present annual "Spree" celebrations
on a continuing basis, was received and placed on file for the information
of the Council. (CR 226-92)
#354-92 RESOLVED, that having considered the report and
recommendation of the City Attorney, dated April 1, 1992,
approved by the Finance Director and the President of the Livonia
Anniversary Committee, Inc , approved for submission by the
Mayor, and submitted pursuant to Council Resolution 226-92 in
connection with the updating and/or redrafting of a proposed
resolution wherein the City Council would indicate its approval
on a continuing basis of the participation of the Livonia
Anniversary Committee, Inc. , in the presentation of annual "Spree"
celebrations, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
A communication from the Department of Law, dated April 10, 1992,
re: levy of Special Assessments on properties located outside of a Special
lio Assessment District, was received and placed on file for the information of
the Council (CR 295-92)
#355-92 RESOLVED, that having considered the report and
recommendation of the City Attorney, dated April 10, 1992, and
submitted pursuant to Council Resolution 295-92 with regard to
the status of the law with regard to the levy of Special
Assessments on properties located outside of a Special Assessment
District, as well as with respect to the procedure of the levy of
assessments by consent, the Council does hereby refer this item
to the Streets, Roads and Plats Committee for its report and
recommendation
#356-92 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated April 3,
1992, approved for submission by the Mayor, and to which is
attached a report containing a brief explanation of the 1992-93
Community Development Block Grant (CDBG) Program, the Council
does hereby take this means to indicate its informal approval of
the proposed program and budget and does further authorize the
conducting of a public hearing on this matter for public comment
so that thereafter a final program and budget will be prepared
for submission to the City Council.
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#357-92 RESOLVED, that in accordance with the provisions set
Ihm forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584),
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Wednesday, June 3, 1992 at 7:30
p.m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 92-1-1-2, submitted by Leo Soave for nine property
owners for a change of zoning on property located north of
Orangelawn Avenue, west of Farmington Road in the Northeast
1/4 of Section 33, from RUF to R-1A, the City Planning
Commission in its resolution 3-241-92 having recommended to
the City Council that Petition 92-1-1-2 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
L prior to said public hearing, cause to have notice to be
given by registered mail to each public utility company and
to each railroad company owning or operating any public
utility or railroad within the districts or zones affected;
and FURTHER, the City Clerk is requested to do all other things
necessary or incidental to the full performance of this
resolution.
A roll call was taken on the foregoing resolutions with the following
result:
AYES: Feenstra, Kavanagh, McGee, Jurcisin, and Ochala.
NAYS: None.
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was:
#358-92 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage & Waste
Disposal Study Committee, dated April 22, 1992, and submitted
pursuant to Council Resolution 483-91 with regard to the
procurement of geotechnical services for the City landfill, and
Ifts
having also considered the report and recommendation of the
Director of Public Works and City Engineer, dated February 4,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
27007
proposal of GZA GeoEnvironmental, Inc , 38019 Schoolcraft Road,
Livonia, Michigan 48150, to provide all geotechnical services
described in a proposal dated November 4, 1991 and the
Groundwater and Surface Water Monitoring Work Plan, dated August
26, 1991, for the City Type III Sanitary Landfill for a sum not
to exceed $43,896.05, based upon an estimate of units involved
and subject to a final payment based upon actual units completed;
and a sum not to exceed $43,896.05 is hereby appropriated and
authorized to be expended from the Unexpended Fund Balance
Account of the Refuse Fund for this project; and the Council does
hereby authorize the said item without competitive bidding for
this professional Engineering Service in accordance with Section
3.04.140D2 of the Livonia Code of Ordinances, as amended; and the
Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with the aforesaid firm
and to do all other things necessary or incidental to the full
performance of this resolution.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 210, 220, 340 AND 350
OF CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of
LOrdinances in the office of the City Clerk, and is the same as if word for
word repeated herein.
Feenstra invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Feenstra, Kavanagh, McGee, Jurcisin, and Ochala.
NAYS: None.
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
27008
#359-92 RESOLVED, that having considered the report and
recommendation of the City Treasurer and the City Assessor, dated
April 14, 1992, which bears the signature of the Finance Director
and is approved for submission by the Mayor, the Council does
hereby authorize a two-year lease agreement with Lanier
Worldwide, Inc. , 38701 West Seven Mile Road, Suite 260, Livonia,
Michigan 48152, for the use of a Lanier 6525 for a total price of
$230.75 per month, which machine will be jointly used and
operated by the Treasurer's Office and the Assessor's Office;
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3.04.140D5 of the
Livonia Code of Ordinances, as amended
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#360-92 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, Planning
Director and Chairperson of the Historical Commission, dated
April 9, 1992, approved by the Finance Director and approved for
submission by the Mayor, to which is attached a proposed contract
between the City of Livonia and Kirkarchitecture Inc for the
preparation of construction documents for restoration of the
Garage and Chicken Coop and construction administration for
actions on the aforementioned structures in the Greenmead
Imo
Farmstead Complex as documented in the architecture survey of the
Greenmead Farmstead Complex, dated March 1, 1991, and which
contract provides for a maximum not-to-exceed limit of $4,000
($3,600 for services, $400 for reimbursables and additional
expenses), the Council does hereby approve the said contract in
the manner and form herein submitted and authorizes the Mayor and
City Clerk for and on behalf of the City of Livonia to execute
the said contract as well as to do all other things necessary or
incidental to the full performance of this resolution; FURTHER,
the Council does hereby authorize the said item in accordance
with Section 3 04. 140D2 of the Livonia Code of Ordinances, as
amended.
On a motion by Jurcisin, seconded by McGee, it was:
RESOLVED, that having considered a letter from the
Liquor Control Commission, dated February 18, 1992, and the
report and recommendation of the Chief of Police, dated March 25,
1992, the Council does hereby approve of the request from Elias
D Leobbos and Neaman Y. Leobbos, Partners, for a transfer of
ownership of 1991 SDM licensed business from Elias Party Store,
Inc. , for a business located at 36274 Five Mile Road, Livonia,
Michigan, Wayne County 48154; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
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On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#361-92 RESOLVED, that having considered a letter from the
Liquor Control Commission, dated February 18, 1992, and the
report and recommendation of the Chief of Police, dated March 25,
1992, regarding a request from Elias D. Leobbos and Neaman Y.
Leobbos for a transfer of ownership of 1991 SDM licensed business
from Elias Party Store, Inc. , located at 36274 Five Mile Road,
Livonia, Michigan 48154, Wayne County, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation.
A report from the Inspection Department, dated April 27, 1992,
re: violations/property conditions at Elias Party Store, Inc , 36274 Five
Mile, was received and placed on file for the information of the Council.
On a motion by McGee, seconded by Jurcisin, and unanimously
-Tow
adopted, it was:
4of #362-92 RESOLVED, that having considered a communication from
Imo the City Planning Commission, dated April 13, 1992, which
transmits its resolution 3-244-92, adopted on March 31, 1992,
with regard to Petition 92-2-2-7, submitted by Feng Zhi Yuan,
requesting waiver use approval to operate a carry-out restaurant
within an existing shopping center located on the south side of
Ann Arbor Road between Ann Arbor Trail and West Chicago in the
Northeast 1/4 of Section 31, which property is zoned C-1, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-2-2-7 is hereby approved and
granted, subject to the limitation of no more than 12 seats.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#363-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 13, 1992, which
transmits its resolution 3-245-92, adopted on March 31, 1992,
with regard to Petition 92-2-2-8, submitted by Livonia Jaycees,
requesting waiver use approval to hold their annual Spring
Carnival at Ladbroke DRC located at the southeast corner of
Schoolcraft Service Drive and Middlebelt Road in the Northwest
1/4 of Section 25, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 92-2-2-8 is hereby approved and granted,
subject to the following condition:
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That all truck parking, temporary housing units and all
LID other related transportation equipment and apparatus relating
to the operation of the carnival shall be parked or stored
on DRC property adjacent to the carnival site.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#364-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 15,
1992, approved by the City Attorney and approved for submission
by the Mayor, and to which is attached a revised Wastewater
Discharge Ordinance Delegation Agreement between the City of
Livonia and the City of Detroit, the Council does hereby
authorize the Mayor and City Clerk for and on behalf of the City
of Livonia to execute the attached agreement in the manner and
form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this
resolution.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#365-92 RESOLVED, that in view of the temporary incapacitation
110 of Council President Laura M Toy, the Council does hereby
determine that effective April 20, 1992 and until further notice
during the Council President's absence or disability, that
Council Vice-President Ron Ochala shall assume and exercise all
the powers and duties of the Council President, the action herein
being taken in accordance with the provisions set forth in
Section 2.04.070 of the Livonia Code of Ordinances, as amended;
FURTHER, the Council does hereby take this means to wish Council
President Toy a speedy and successful recovery.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#366-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 4, 1992, which sets
forth its resolution 2-232-92 adopted on March 3, 1992 with
regard to Petition 91-12-1-24, submitted by Jonna Companies
(Christine Jonna Piligian and Michael J. George) for a change of
zoning on property located on the west side of 1-275, east of
Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of
Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to
C-2; and OS & C4-III to C-2, and the Council having conducted a
public hearing with regard to this matter on April 22, 1992,
pursuant to Council Resolution 196-92, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 91-12-1-24 is hereby approved and granted; and the
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City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#367-92 RESOLVED, that the Council does, in accordance with
Section 23.01(a) of Zoning Ordinance 543, as amended, request
that the City Planning Commission conduct a public hearing and
thereafter submit a report and recommendation on a proposal to
rezone certain property to the C-2 zoning classification, which
property abuts and is located on the north side of Seven Mile
Road, east of Haggerty Road and west of I-275 and is presently
owned by Jonna Companies and was, in Petition 91-12-1-24,
proposed to be rezoned from M-1 TO C-1.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#368-92 RESOLVED, that having considered a communication dated
April 23, 1992, from the Department of Law transmitting for
-
Council acceptance a Quit Claim Deed, more particularly described
as:
Quit Claim Deed dated April 10, 1992, executed by John C.
Auffenberg, Secretary, Livonia Volkswagen, Inc. , a Michigan
Corporation, for the following property described as:
That part of Lot 76 Supervisors Livonia Plat No. 1, T.1S ,
R.9E. , Liber 65, Page 52 of Wayne County, Michigan;
described as beginning at the N.E. corner of said Lot 76,
and proceeding thence due south, 12.00 ft. ; thence N.
56°14'46" W , 21.65 ft. to a point on the north line of Lot
76; thence S. 89°54'30" E. , 18.00 ft. to the Point of
Beginning.
Parcel No. 130-01-0076-004
Plymouth Road Right-of-Way
the Council does hereby, for and on behalf of the City of
Livonia, accept the aforesaid Quit Claim Deed; and the City Clerk
is hereby requested to have the same recorded in the office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On
by Jurcisin, seconded by McGee, and unanimously
adopted, i
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#369-92 RESOLVED, that the Council does hereby suspend their
16 rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of an item that does not appear on the
agenda.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#370-92 RESOLVED, that having considered a letter from the
Chairman of Trainorama of the Redford Model Railroad Club, dated
April 22, 1992, wherein permission is requested to place a
temporary, portable, 4' x 4' unlit non-rotating, non-flashing,
and non-illuminating frame-style sign on the corner of Farmington
and Lyndon Roads for a one-week period beginning May 2, 1992 for
the purpose of publicizing a model railroad and "railroadiana"
flea market to be conducted at the Eddie Edgar Arena on May 9,
1992, the Council does hereby approve and grant this request in
the manner and form herein submitted.
Elias D. Leobbos, 14234 Lanson, Dearborn, MI 48126, spoke during
the audience communication portion re: tonight's Agenda Item 16 - transfer
of ownership of 1991 SDM licensed business.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, this 1,223rd Regular Meeting of the Council of the City of Livonia
was adjourned at 8:38 p.m. , April 29, 1992.
Vli
Jq -n McCotter, City Clerk
1L.